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Planning Commission Packet - 04/04/1978 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. AGENDA TIGARD PLANNING COMMISSION April 4, 1978 - 7: 30 P.M. Fowler Junior High School - Lecture Room 10865 S.W. Walnut St . - Tigard, Oregon 1 . Call to Order: 2. Roll Call : 3. Approval of Minutes : 4. Communications : 5. Public Hearings: A. Staff Report B. Applicant ' s Presentation C. Public Testimony a. Proponent ' s b. Opponent 's c. Cross-examination D. Staff Recommendation E . Commission Discussion and Action 5 . 1 CONDITIONAL USE CU 3-78 (Balzer Painting Inc. ) NPO 2 A request by Balzer Painting Inc. for a Conditional Use Permit to operate a painting contracting business in a M-4, Industrial Park zone on a 1 .2 acre parcel at 12155 S .W. Grant - Suite A (Wash. Co . Tax Map 2S1 2BA, Tax Lot 800) . 5.2 CONDITIONAL USE 'CU 4-78 (Leon D. Hval Const . Co. ) NPO 2 A request by Leo D. Hval Const . Co. for a Conditional Use Per- mit to operate a pre-fabrication of wood products business in a M-4 Industrial Park zone on a 1 .2 acre parcel at 12155 S .W. Grant - Suite A (Wash . Co. Tax Map 2S1 2BA, Tax Lot 800) . 5. 3 CONDITIONAL USE CU 6-78 (Donald Burdick) NPO 2 A request by Donald Burdick for a Conditional Use Permit to operate a real estate and an escrow office in a C-4 Neighborhood Commercial zone on a .40 acre parcel at the intersection of S .W. Greenburg Road and Shady Lane (Wash. Co . Tax Map lSl 35B, Tax Lot 2000) . 5 .4 VARIANCE V 2-78 (Gordon & Betty Sweeny) NPO 7 A request by Gordon & Betty Sweeny for variance to the rear- yard setback requirements in a R-7 PD zone, Single Family Resi- dential. Planned Development at 11650 S .W. Hazelwood Loop (Wash, Co. Tax Map 1S1 34BC, Tax Lot 4900) . 1 6 . Other Business : 7. Adjournment : • • • PUBLIC NOTICE TIGARD PLANNING COMMISSION April 4, 1978 - 7 : 30 PM Fowler. Junior High School - Lecture Room. 10865 SW Walnut Street - Tigard, Oregon 5. PUBLIC HEARINGS • CONDITIONAL USE CU 3-78 (Balzer Painting Inc. ) NPO 2 A request by Balzer Painting Inc. for a Conditional Use permit to operate a painting contracting business in a .M-4, Industrial Park zone on a 1. 2 acre parcel at 12155 S.W. Grant - Suite A (Wash. Co. Tax Map 2S1 2BA, Tax Lot 800) 5. 2 CONDITIONAL USE CU 4-78 (Leo D. Hval Const. Co. ) NPO 2 A request by Leo D. Hval Const. Co. for a Conditional Use Permit to operate a pre-fabrication of wood products business in a M-4 Industrial Park Zone on a 1. 2 acre parcel at 12155 S.W. Grant -- Suite A (Wash. Co. Tax Map 2S1 2BA, Tax Lot 800) 5. 1 CONDITIONAL USE CU 6-78 (Donald Burdick et al) NPO 2 A request by Donald Burdick et al for a Conditional Use Permit to operate a real estate and an escrow office in a C-I Neighborhood Commercial Zone on a . 40 acre parcel at tha intersection of Shady Tax 3 r. SW '�reenbu�:g, Road and shady Lane (wash. Co. .�wx Map 1S1 ,;3, Tax Lot 200 0) . 5. 4 VARIANCE V 2-78 (Gordon & Betty Sweeny) NPO 7 A request by Gordon & Betty Sweeny for variance to the rearyard setback requirements in a R7-PD zone Single Family Residential, located at 11650 SW Hazelwood Loop(Wash. Co. Tax Map 1S1 34BD, Tax Lot 4900) . All persons having an interest in the hearing matter are invited to appear and submit or.al . and written testimony or submit written testimony in advance of the meeting. Publish TT 3-22-78 and 3-29--78 • • • a. L is MINUTES TIGARD PLANNING COMMISSION t , April 4, 1978 Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon 1. Call to Order Meeting was called to order at 7: 35 PM 2. Roll Call: Present : Corliss,Tepedino, Popp, Quimby, Wood, Rossman, Brian, Goldbach, Sakata 3. Approval of Minutes: The minutes of March 21, 1978 were approved with the following corrections: Sakata was present ; on page 3 the statement by Quimby was reversed and the third paragraph should read"res- ponsibility of the family and not the community" ; the fourth paragraph of page 3 should read "$5,000 an acre" ; page 14, Wood stated that"twenty go through for every one that falters" (sixth statement from the bottom) . 4 . Communications: None r 4, 5. Public Hearings: 5 . 1 CONDITIONAL USE CU 3-78 (Balzer) NPO 2 A request by Balzer Painting Inc. for a Conditional Use Permit to operate a painting contracting business in a M-4 , Industrial Park zone on a 1.2 acre parcel at 12155 S W S Grant - Suite A (Wash . Co. Tax Map 2S1 2BA, Tax Lot 800) . A. Staff Report : Read by Laws i- B. Applicant 's Presentation: i *Dennis Balzer, 1780 N.W. 1O6th,Portland, `, explained his employees would be arriving at the site at about 7:00 am to pick up their materials and would then be departing to their respective job sites . There would be no trucks on the site overnight or on weekends and only one vehicle there during the business day. r, C. Public Testimony: f None t> Ar IL D. Staff Recommendation : G r MINUTES TIGARD PLANNING COMMISSION April 4, 1978 Page 2 Subject to the findings of fact enumerated above, staff recommends approval of the applicant 's request as submitted. E . Commission Discussion: * Corliss felt it was an appropriate use for the site and had no objections and recommended approval . * Sakata also felt it was an appropriate use. *Goldbach made a motion for approval based on staff findings and recommendations. * Tepedino seconded. The vote for approval was unanimous . 5.2 CONDITIONAL USE CU 4-78 (Leon D. Hval Const . Co. ) NPO 2 A request by Leo D. Hval Const . Co. for a Conditional Use Permit to operate a pre-fabrication of wood products business in a M-4 Industrial Park zone on a 1.2 acre parcel at 12155 S .W. Grant - Suite A (Wash. Co. Tax Map 1S1 35B, Tax Lot 2000) . A. Staff Report : Read by Laws . B. Applicant ' s Presentation : *Leon Hva1 , 8015 S .E. Flavel , Portland stated his business would be producing finished carpentry for new houses. Materials would be brought in and stocked, pre-cut and rough-cut to lengths, labeled, loaded and installed to cut down steps at the construction site. The major tools would all be ducted to a self-contained exhaust unit . C. Public Testimony : None D. Staff Recommendation: Subject to the findings of fact enumerated above, staff recommends approval of the applicant 's request as submitted. E. Commission Discussion: * Wood moved for approval based on staff findings * Rossman seconded and the vote was unanimous for approval. 5. 3 CONDITIONAL USE CU 6-78 (Donald Burdick) NPO 2 A request by Donald Burdick for a Conditional Use Permit to operate a real estate and an escrow office in a C-4 neighborhood commercial zone on a .40 acre parcel at the MINUTES TIGARD PLANNING COMMISSION April 4, 1978 Page 3 intersection of S .W. Greenburg Road and Shady Lane (Wash. Co. Tax Map 1S1 35B, Tax Lot 2000) . A. Staff Report : Read by Laws B. Applicant 's Presentation: * Donald Burdick, 434 Ridgeway, Lake Oswego stated they had tried to lease the space adjacent to Swift Mart as soon as the building was completed and had a list of people contacted in regards to that space and most of them were business/office uses and not business/retail . There is an insur- ance office one parcel away; Swift Mart supports this application and there is no neighborhood objection to this clean usage of the site and with a positive impact . The site is oriented towards the interchange and Washington Square so that another retail outlet in the space would have to compete with it (Wash. Sq . ) Its a difficult site to reach; the flood plain is directly behind it and being as there are no sidewalks one must drive to it . Studies of Swift Mart customers have shown nominal neighborhood usage with the majority of the business coming off the interchange . Office zn space is currently under construction south of Washington Square as is the Moyer Quad-Cinema and a Financial. Center is proposed. on Greenburg. This site has a strong relation to the area on the north. C. Public Testimony: None . D. Staff Recommendations : Subject to the findings of fact enumerated above, staff recommends approval of the applicant 's request as submitted. Rebuttal * Corliss asked how long had this site been for rent * Burdick stated since the building had been completed in September 1977 but had also been listed with a.. realtor previously. E. Commission Discussion: * Tepedino made a motion for approval * Goldbach seconded and the motion was unanimous . 5.4 VARIANCE V 2-78 (Gordon & Betty Sweeny) NPO 7 A request by Gordon & Betty Sweeny for variance to the %I % Ammimmil MINUTES TI'GARD PLANNTNG COMMISSION April 4, 1978 Page 4 rear yard setback requirements in a R-7 PD zone, Single Family Residential Planned Development at 11650 SW Hazelwood Loop (Wash. Co. Tax Map 1S1 34BC, Tax Lot 4900) . A. Staff Report : Read by Laws. B . Applicant 's Presentation : * Gordon Sweeny, 11650 SW Hazelwood Loop, Applicant stated the patio and cover had been constructed on the south side of their home where the sun was a constant problem; it added to the appearance of the home. C. Public Testimony: Proponent 's : * Bob Hall, 11660 S .W. Ashwood Ct . , stated that he was the adjacent property owner and had no objection to the patio cover. D. Staff Recommendation: Subject to the findings of fact enumerated above, staff recommends approval of the applicant 's request as submitted. E. Commission Discussion: * Popp recommended approval of this request citing a similar instance in Summerfield which had been approved. * Tepedino had a problem with it stating the Tigard Municipal Code required a high degree of necessity for a variance and while he ''had empathy with the applicant and his neighbor and no substantial damage was being done to the city, the rules are in the code; perhaps there was a way to modify the code in order to handle such applicants in a less bothersome way. * Wood stated he would have a hard time denying that which harms no one and is a reasonable use; he cited the unusual backyard of this corner lot as being the "unusual hardship" needed for a variance. * Goldbach made a motion for approval * Brian seconded the motion * Sakata expressed concern over piecemeal additions and the possibility of this patio becoming enclosed and a room/extension of the house. * Popp called for the question * Motion passed with Sakata and Tepedino abstaining and remaining commissioners voting yes. kb- ii MINUTES TIGARD PLANNING COMMISSION April 4- 1978 Page 5 6. Other Business : MONTHLY STAFF REPORT included in commissioners packets by staff was appreciated by all commissioners. GOLDBACH is resiging and moving to North Carolina. CITY COUNCIL MEETING heard the appeal of the Eastgate Theatre permit to construct an additional screen. * Laws stated he thought the basis of the appeal had been proven invalid * Storm Drainage Study and the Pacific Highway Median Project were subjects of concern . * Laws stated the committees were meeting in regards to the studies and the commissioners would be kept abreast of the latest developments * Popp notified commissioners of the hearings set forth for the new possible Coliseum for the Portland metroarea * Laws notified commissioners of action taken at the City Council Meeting on two appeals : Wayside Inn signs and Summer Lake development by Art Lutz, both being denied; Wayside Inn was given 120 days to test and prove whether or not the allowed sign would serve their purpose of directing customers to the motel and if not the City Council would rehear the appeal at that time. the Park Board requested the additional lots (161-164) in Summer Lake remain open space area. * Wood questioned the legality of the possible re-hearing of Wayside Inn by the City Council and not the Planning commission. TIGARD ASSEMBLY OF GOD cHURCH had a proposal for a different sign to replacelvitheir existing one . All signs in a residential area are toAreated as a Conditional Use but staff asked to dispense with that time and expense since the only change would be in the copy - no dimension or color change and- actually a better sign would be created. * Tepedino and Popp felt there was no need to bring such a matter before the Planning Commission * Sakata stated the new Sign Code requires an address on all free standing signs. * Wood felt some way was needed to not undo the good features of a previously approved sign and that if the Planning Commission was shown a picture of the proposed new sign and all agreed it could be constructed without Public Hearing. (Turn to last page for additional comments) . PROPOSED SUBDIVISION SIERRA Tigard St . and Fanno Creek. * Laws pointed out that a new subdivision had been submitted for review with the lotting pattern split by the Flood Plain. He asked the commissioners for some direction to take in such an instance when the request would be so obviously in error with the requirements of the Planning Commission members. * Tepedino stated this builder had worked in the Tigard area many times and was fully aware of the floodplain problem as well as the position of the Planning Commission on the floodplain and therefore must be trying to insult • MINUTES TIGARD PLANNING COMMISSION April 4, 1978 Page 6 their intelligence or put something over on them. * Laws stated the submission was currently insufficient . }, * Quimby questioned why the Planning Commission would hear this subdivision anyway as they don ' t usually. * Laws stated the condition of the preliminary plat approval would be sent to them for approval and review. * Quimby saw no reason to review the obvious violation • of the ordinance. * Popp asked if the individual felt it wasn 't in violation of the Flood Plain Ordinance did they have a right to turn it down before a Public Hearing? * Laws stated no. NORTH STAR SUBDIVISION which was denied by the Commission * Staff asked for the Commissioners responses and desires as to which direction to proceed. * Corliss stated she felt a responsibility to the property owners for the alleged statement of City Hall that Terrace Trails would never be extended. * Popp stated his inability to believe staff stating Terrace Trails would never go through as it is too long for a cul-de-sac; also they weren 't responsible for what City • Hall said. * Corliss felt they had an obligation to citizens to respond. * Quimby said it was stated by staff at a NPO meeting that it was not feasible for Terrace Trails to go through and she knew for a fact that the Stemlers had checked with City Hall to verify/it . She questioned the problem of its danger as a cul-de-sac and the possibility of one 1� house in twenty years catching fire as opposed to the }; increased danger to each child on the street if it weren 't a. cul-de-sac. She felt the greenway should be dedicated and the lots made smaller to allow it ; the cul-de-sacs should abut while. not extending through to allow fire truck5but not any other vehicles access; the site was definitely buildable. * Sakata wanted the greenway; and the extension of Terrace Trails if financially feasible. * Tepedino stated people don't always hear what was said or say what was heard and also further stated that economics change so what was once infeasible becomes possible. * Goldbach wasn 't present for the original argument . * Rossman had no additional comments. * Wood agreed with Quimby about the greenway; also he felt a need to finish the bike path along Gaarfe; Terrace Trails was never intended to be a collector street . * Popp agreed with the greenway need; voted for back to back cul-de-sacs ' brought up the drainage problem for the homes west of the proposed road through the site. u: * Wood stated the developer was willing to run the sewer line to the property on the west side. * Corliss asked if the Porters wanted to extend the bike path? MINUTES TIGARD PLANNING COMMISSION April 4, 1978 Page 7 *Laws stated the basis of their appeal was improvements on Gaarde but they had no space to donate. *Quimby stated this bears out the recent decision to require that dedication at the time of construction . DESIGN REVIEW BOARD; with the departure of Goldbach there was a vacancy. * Popp made a motion for the appointment of Corliss * Goldbach seconded and the vote was unanimous for her approval . 7. Adjournment : Meeting was adjourned at 9 :00 PM. • ADDITIONAL COMMENTS ON TIGARD ASSEMBLY OF GOD CHURCH SIGN * Commissioners concurred that the Church's sign was acceptable and there was no need to review it prior to construction * Commissioners also agreed that all such signs should be looked at by them (a drawing showing colors and copy) in the future to avoid the Conditional Use application if the sign is to replace a previously approved one. • STAFF REPORT AGENDA 5. 1 TIGARD PLANNING COMMISSION April 4, 1978 Fowler Junior High School - Lecture Room 10865 S .W. Walnut Street - Tigard, Oregon Docket : Conditional Use CU 3-78 Request : To operate a painting contractor business in a M-4, "Light Industrial Park" zone on a 1 .2 acre parcel . Location : 12155 S .W. Grant Avenue (Wash . Co . Tax Map 2S1 2BA, Tax Lot 800) . Applicant : Balzer Painting, Inc. I . Findings of Fact : 1 . The site is designated "Industrial" on the NPO #2 Plan and zoned M-4, "Industrial Park. " 52 020 5) of the Tigard Municipal Code states 2. Section 18. ( ) Tigard a contractor ' s office requires a conditional use ap- proval by the Planning Commission . 3. On July 20, 1976, the Tigard Planning Commission approved a request to construct an 11 ,250 square foot industrial warehouse on the subject parcel subject to the following conditions: 1. An agreement to participate in a local improvement district on S .W. Tigard and S .W. Grant Streets be executed prior to issuance of building permits. 2 . Dedication of 10 feet along S .W. Tigard and S.W. Grant Streets be executed prior to issuance of building permits . Both of these conditions have been met by the property owner. 4. The applicant is proposing to occupy 3300 square feet of an 11,250 square foot warehouse building. He will be storing paints on site which will be dispersed to various job sites in company trucks. 5. There will be a total of five employees who will arrive on the subject site around 7: 30 - 8 :00 A.M. , then depart in company trucks to their respective job sites. These ; trucks will not be stored on site, but driven to and from the employees homes. Hours of operation would be 8:00 ir A.M. through 5:00 P.M. , Monday through Friday. 6. The site plan approved by the Design. Review Board on Sep- tember 14, 1976, for this parcel required 12 parking spaces STAFF REPORT AGENDA 5. 1 TIGARD PLANNING COMMISSION April 4, 1978 Page 2 for the 11,250 square foot warehouse as proposed. There would be only one person (full time) at the site during a working day. II . Conclusionary Findings: 1 . The proposed use and activities generated by the use are • compatible with adjoining uses . 2. Sufficient parking is available on site to meet code re- quirements . Additional parking spaces could be provided to accommodate overflow parking. III . Staff Recommendation: Subject to the findings of fact enumerated above, staff recom- mends approval of the applicant 's request as submitted. STAFF REPORT AGENDA 5.2 f., TIGARD PLANNING COMMISSION April 4, 1978 Fowler Junior High School - Lecture Room 10865 S .W. Walnut - Tigard, Oregon Docket : Conditional Use CU 4-78 Request : To operate a wood products "pre-cut" operations in a M-4, "Light Industrial" zone on a 1 .2 acre parcel . Location: 12155 S .W. Grant Street (Wash . Co . Tax Map 2S1 2BA, Tax Lot 800) . Applicant : Leon D. Hval Construction I . Findings of Fact : 1 . The site is designated "Industrial" on the NPO #2 Plan and zoned M-4, "Industrial Park. " 2. Section 18.52.020(3) of the Tigard Municipal Code states that furniture manufacturing (which this proposed use is similar in nature to) requires a conditional use permit to be authorized by the Planning Commission. 3. On July 20, 197 6 � the Tigard Planning in g C ommission approved ro ved a request to c onstr uct a 11, 250 square foot indust rial on the subject t . warehouse o 7 ec parcel . 4 . The applicant is proposing to occupy 3300 square feet of the 11, 250 square foot industrial warehouse building. He will be pre-cutting wood products in the warehouse and assembling these items off the premises . "All major power tools are to be ducted to trash and there will be no saw- dust floating in the air. " 5 . The applicant has one employee besides himself, and there will be two trucks used by the company. Hours of operation of the business would be between 7: 30 A.M. and 5 :00 P.M. , Monday through Friday. 6. There are currently 12 parking spaces provided on site as per Design Review Board requirement . The, proposed use would require two spaces. Additional parking area is avail- able to accommodate overflow parking. II . Conclusionary Findings: 1 . The proposed use and activities generated by this use are compatible with adjoining uses. III . Staff Recommendation : Subject to the findings of fact enumerated above, staff recom- mends approval of the applicant 's request as submitted. STAFF REPORT AGENDA 5. 3 TIGARD PLANNING COMMISSION April 4, 1978 Fowler Junior High School - Lecture Room 10865 S.W. Walnut - Tigard, Oregon Docket : Conditional Use CU 6-78 Request : To operate a real estate office and an escrow office in a C-4, "Neighborhood Commercial" zone on a .40 acre parcel . Location: Intersection of S .W. Shady Lane and Greenburg Road (Wash. Co. Tax Map 1S1 35B, Tax Lot 2000) . Applicant : Donald B ri pp 1 u d ck I . Findings of Fact : 1 . The site is designated Retail Commercial on the NPO #2 Plan and zone C-4, "Neighborhood Commercial . " 2. The proposal to locate an office in a C-4 zone requires conditional use approval by the Planning Commission. 3. The applicable statement from the NPO #2 Plan text is the following: "The Greenburg - 217 interchange is planned to serve as a neighborhhod convenience commercial center with the peri- pheral sites also serving the transient demand at this location for highway commercial establishments such as service stations and restaurants as is presently occuring. " 4. On April 12, 1977, the Design Review Board approved a re- quest to construct a 5200 square foot building on the sub- ject parcel . The northeastern portion of this building is currently occupied by Swift Mart . The applicant is proposing to lease the remaining 2600 square feet to Century 21 Realty and Sentinal Escrow for office uses. 5 . On March 16, 1978, the City Administrator approved a Temporary Use Permit to allow Century .21 Realty and Sentinal Escrow to operate their respective businesses on the subject par- cel subject to the following: 1 . This permit is void after 60 days from this date. 2. You will commence making application to the City for Conditional Use Permits to operate the above mentioned businesses. 3. Granting this Temporary Use Permit will not commit the Tigard Planning Commission to take favorable action on the Conditional Use Permit applications STAFF REPORT AGENDA 5. 3 TIGARD PLANNING COMMISSION April 4, 1978 Page 2 i 6. The applicant has informed staff that it is the intent of Sentinal Escrow to move into the soon to be constructed `' Tarbell Realty Building across the street. 7, The off-street parking requirement for the two offices is eight spaces. There is currently sufficient on-site park- ing to meet this requirement . II . Conclusionary Findings: 1 . The request conforms to the Comprehensive Plan (NPO #2) because realty offices are considered a highway oriented use . The plan specifies either highway oriented or neigh- borhood convenience uses as appropriate for this location. III . Staff Recommendation: Subject to the find in g s of fact enumerated above, staff recommends nds approval of the applicant 's request as submitted. STAFF REPORT AGENDA 5 .4 TIGARD PLANNING COMMISSION ' April 4, 1978 Fowler Junior High School - Lecture Room 10865 S .W. Walnut Street - Tigard, Oregon Docket: Variance V 2-78 Request : Variance to the rearyard setback requirements in a R-7 PD zone, Single Family Residential Planned Development . g Y p Location: 11650 S .W. Hazelwood Loop (Wash. Co . Tax Map lSl 34BC, Tax Lot 4900) . Applicant : Gordon and Betty Sweeny I . Findings of Fact : 1 . The site is designated on the Tigard Community Plan, 1971,, and NPO #7 Draft Plan as Urban Low Density Residential and zoned R-7 PD, Single Family Residential Planned Develop- ment (Englewood) . 2 . Section 18.20.060(4) of the Tigard Municipal Code requires Prig that the rearyard setback in a R-7 zone shall be a minimum of 15 feet . 3. The applicants are requesting a rearyard setback between 6 and 10 feet to accommodate a patio cover on their premises. 4 . Section 18. 76 .010 of the Tigard Municipal Code authorizes the Planning Commission to grant variances from the require- ments of Title 18, where it can be shown that , owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of this title would cause an undue or unnecessary hardship. 5. Section 18 .76.020 of the Tigard Municipal Code states that : "No variance shall be granted by the Planning Commission unless it can be shown that all of the following conditions exist : (1) Exceptional or extraordinary conditions applying to the property that do not apply generally to other properties in the same zone or vicinity, which con- ditions are a result of lot size or shape, topography, or other circumstances over which the applicant has no control; (2) The variance is necessary for the preservation of a property right of .the applicant substantially the same as is possessed by owners of other property in the same zone or vicinity; ( 3) The authorization of the variance shall not be materi ally detrimental to the purposes of this title, be STAFF REPORT AGENDA 5.4 TIGARD PLANNING COMMISSION Page 2 injurious to property in the zone or vicinity in which the property is located or be otherwise detrimental to the objectives of any city development plan or policy; (4) The variance requested is the minimum variance from the provisions and standards of this title which will alleviate the hardship. " 6 . The site is currently occupied by a single family residence and surrounded by single family homes. 7. A 15 foot by 30 foot patio cover has been partially con- structed on the premises. The southeast corner of the cover is 6 feet from the rear property line. The south- west corner would be 10 feet from the property line. The home on the adjacent parcel is located 22 feet from the applicant 's south property line. 8. According to the applicant ' s submitted statement, the ad- joining neighbors have no objection to the patio cover and participated in its construction . II . Conclusionary Findings : 1 . On previous occasions, it has been the Planning Commission's position to grant a variance based on the intent , rather than the strict interpretation, of this title. It is staff opinion that the granting of this variance would not be "materially detrimental to the purposes of this title" nor would it be injurious to properties adjacent to the parcel in lieu of the fact that the adjoining neighbors have stated they have no objection to the proposed use. III . Staff Recommendation: Subject to the findings of fact enumerated above, staff recom- mends approval of the applicant 's request as submitted.